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C O N F I D E N T I A L SECTION 01 OF 02 TEGUCIGALPA 000994 
 
SIPDIS 
 
E.O. 12958: DECL: 09/30/2019 
TAGS: PGOV PHUM KDEM HO
SUBJECT: TFH01: DECREE IS UNCONSTITUTIONAL ACCORDING TO 
SPECIAL HUMAN RIGHTS PROSECUTORS 
 
REF: A. TEGUCIGALPA 990 
     ¶B. TEGUCIGALPA 989 
 
Classified By: Ambassador Hugo Llorens, reasons 1.4 (b) and (d) 
 
¶1. (C) Summary: Special Prosecutors for Human Rights Sandra 
Ponce and German Enamorado told Ambassador on September 29 
that they believed the decree limiting civil liberties 
enacted by the de facto regime on September 26 was 
unconstitutional and that they had initiated action calling 
on the Supreme Court to void it.  The Public Ministry 
considers that the decree was issued in a questionable way, 
but that it is nonetheless in effect because the de facto 
regime has already applied it and civil liberties have 
already been violated.  The Ambassador and the Special 
Prosecutors agreed to work together to pressure pro-coup 
media outlets to denounce the decree.  End Summary. 
 
¶2. (C) The Ambassador expressed grave concern to Special 
Prosecutors for Human Rights Sandra Ponce and German 
Enamorado with regard to the executive decree passed on 
September 26 that extremely limited civil liberties for 45 
days (ref B).  Ponce and Enamorado told the Ambassador that 
the September 26 decree appears to be on questionable legal 
grounds and gave the Honduran National Telecommunications 
Commission (CONATEL) the power to discriminately close media 
outlets, which is a power they do not have as an 
administrative agency of the government. 
 
Reversing the Decree 
-------------------- 
 
¶3. (SBU) Ponce explained to the Ambassador that the Public 
Ministry had sent a formal request on September 29 to the 
Supreme Court to void the executive decree (ref A).  The 
Public Ministry argued to the Supreme Court that Article 73 
of the Honduran Constitution protects media outlets from 
closure and that the Micheletti decree did not suspend 
Article 73 of the Constitution, which cannot be suspended 
during a "state of exception" according to Article 197 of the 
Honduran Constitution. 
 
¶4. (C) Ponce explained to the Ambassador that despite 
questions about the legality of the September 26 decree being 
adopted without Congressional approval, in the eyes of the 
Public Ministry the decree was in effect because it had been 
applied and had violated some people's rights.  Ponce 
expressed great concern that if the Supreme Court upheld the 
September 26 decree, it would be almost impossible to bring 
judicial action against human rights violations because the 
decree would be used as a scapegoat. 
 
¶5. (C) The Ambassador told Ponce and Enamorado it was 
important to convince pro-coup media outlets that if they 
stay quiet and do not strongly protest this dictatorial 
policy, they open to the door to having the decree one day 
being applied against them.  Ponce agreed and said that the 
strongest action pro-coup media outlets could take would be 
for the Honduran Chapter of the Inter-American Press Society 
(SIP) to collectively file a request in court for the decree 
to be overturned. 
 
Lack of Access for Public Ministry 
---------------------------------- 
 
¶6. (SBU) Ponce and Enamorado expressed particular concern 
that their jobs were severely restricted under the de facto 
regime.  Ponce told Poloff in a separate conversation that 
she attempted to enter the building of anti-coup Channel 36 
immediately after the military closed it on September 28, but 
that the Honduran military personnel would not allow her to 
enter even after identifying herself as a Special Prosecutor 
for Human Rights.  Enamorado also stated that they have not 
been granted access to the area near the Brazilian Embassy 
since President Jose Manuel "Mel" Zelaya's arrival on 
September 21.  The Ambassador concluded the meeting by 
thanking Ponce and Enamorado for their work defending human 
rights in Honduras during this very difficult time. 
 
¶7. (C) Comment: This is the first time the Special 
Prosecutors have directly challenged a de facto regime policy 
with court action.  Many sectors of society have expressed 
concern about the broad scope of the decree and its impact on 
the electoral process.  Hopefully, this vocal criticism will 
convince de facto regime leader Micheletti to rescind the 
 
TEGUCIGALP 00000994  002 OF 002 
 
 
decree. 
LLORENS